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1. The Plaintiff:
A. Defendant B’s KRW 30,000,000 and its annual 5% from March 1, 2014 to May 21, 2014.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition (1) Defendant C is a person who serves as an executive officer of D Co., Ltd. and actually operates the above company, and the Plaintiff is a person in charge of accounting affairs in the above company.
(2) The Plaintiff respectively lent KRW 23,023,857 on January 20, 2012 to Defendant C for the purpose of paying the purchase cost, etc. for interior and office households of the said company, and KRW 1,94,086 on February 8, 2012.
(3) However, as Defendant C was detained due to a separate case around June 2012, the Plaintiff demanded Defendant C to repay the said borrowed amount.
(4) On the other hand, after Defendant C was detained, the Plaintiff lent the amount equivalent to the above amount to Defendant C, a partner of Defendant C, by means of repaying the car lease fee of KRW 2 million on August 31, 2012, to Defendant C, instead of paying for the car lease fee of the new capital. On November 13, 2012, the Plaintiff lent the amount equivalent to the above amount by means of repaying the credit card payment liability instead of the credit card payment liability.
(5) Defendant B agreed to the Plaintiff that Defendant C’s above loan obligation would be repaid to the Plaintiff. On December 18, 2013, Defendant B agreed with the Plaintiff to pay KRW 30 million in total by dividing the Plaintiff’s loan obligation and the Defendant C’s above loan obligation on three occasions, on three occasions.
[Ground of recognition] The fact that there is no dispute between the Plaintiff and Defendant B, and between the Plaintiff and Defendant C
B. According to the above findings of determination, Defendant B is obligated to pay to the Plaintiff the agreed amount of KRW 30,00,000, and to pay damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from March 1, 2014 to May 21, 2014, which is the date following the last installment payment date, and 20% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment. Defendant C is jointly and severally liable with Defendant B to pay the borrowed amount of KRW 25,017,943, out of the borrowed amount, and the borrowed amount of KRW 25,017,943, and the borrowed amount.